Houston Jones Act / Maritime Lawyer

The Jones Act provides compensation to seamen who suffer injuries as a result of their occupations on our nation’s waterways. A seaman is someone who works on a vessel in the ocean or inter-coastal waterways, including rivers and canals. In Texas, many of the injuries sustained by seamen occur on oil rigs, where dangerous working conditions and high-pressure environments create a difficult and often treacherous job. Other seamen occupations include the crew or deckhands of ships, barges, tug boats, tankers, riverboat casinos, shrimp boats, trawlers, fishing boats and ferries.

A crew member working as a contract employee moving among multiple vessels will generally not be covered under the Jones Act, and instead may be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act. The Longshore and Harbor Workers’ Compensation Act offers compensation and medical care to employees disabled from injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in loading, unloading, repairing or building a vessel. The Act also offers benefits to dependents if the injury causes the employee’s death.

As a general rule, workers who spend more than 30 percent of their time on a vessel under navigation qualify as Jones Act seamen. The Act provides two basic rights. First, any employee injured as a result of seaman work is entitled to basic compensation known as “maintenance and cure” – essentially, the financial equivalent of the room and board received on the ship as well as medical treatment. Second, an employee who can prove his or her injuries were caused by an employer’s negligence may file a lawsuit. This is a key difference between the Jones Act and traditional workers’ compensation insurance covering most other occupations in the United States.

Another distinction is within the concept of negligence – under the Jones Act, negligence is not only limited to a failure of the employer to act or provide an appropriate or safe environment, but can also extend to cover the actual vessel. If the vessel on which the injury occurred is deemed “unseaworthy,” negligence may be established, even if the employer has not otherwise acted in a negligent manner.

The Jones Act is particularly relevant in Texas because of the many offshore oil rig workers who are hurt or killed at sea. If you or a loved one has suffered injury on an oil rig, jack-up or other vessel, you should know that your employer is required to provide medical care – even if the company doctor claims you do not require immediate attention. The injuries suffered on oil rigs can be severe. Burns, loss of limbs and spinal cord injuries are common. Recovery can be long and painful – and often, workers lose their ability to earn a living.

An attorney experienced in Jones Act and other maritime cases can help you obtain the maximum damages to compensate you or your family – but there is a time limit. In most cases the statute of limitations in a Jones Act case is three years from the injury.

However, when the vessel is owned, operated or managed by the federal government, you may have less time, and prompt legal action is essential.

If you’ve been injured on an oil rig, ship or other vessel in the state of Texas, you need a law firm who understands Jones Act and Longshore and Harbor Workers’ Compensation cases. You need an attorney with the experience to handle complex maritime law, and the client dedication to ensure your rights and interests come first. Contact The Law Offices of Eric H. Marye & Associates for a free case review at 888-483-9072 or contact us via email.



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